LAWS203 Sample
Rights as an Owner of Goods
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Advise Frank on his rights against Amelia and Annie.
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Frank is an avid gamer. Due to this, he is always looking to upgrade his setup and consoles. When the new GameBox 6 (GB6) came out recently, Frank had to have it. However, he quickly realised that simply getting the new GB6 was not enough. If he was going to get a new console, he had to get a TV that would reflect the upgraded console better. He quickly bought a brand new TV from Brown’s Town Electronics. He got his new TV and console and was extremely happy with his new setup.
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Frank, however, was also a hopeless romantic. When out in town with his friends, he is quick to fall in love with girls that he meets. The most recent girl he met, Amelia, was no different. Wanting to impress her, he promised the world to her. He promised to lend his new gaming setup to Amelia to allow her child to play educational games and develop his learning. The next morning, Frank got a knock on the door from Amelia, who had arrived to collect the TV and GB6, which he obliged with. He asked Amelia to ensure that she was the only one who used the devices and that if any damage occurred to the equipment that she would have to pay for it.
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Amelia immediately went to her friend Annie’s house to store the equipment for protection, as her child was prone to pulling things over and breaking them. Since Annie lived in a rural area, she also thought it would be less likely to attract criminals. When she arrived, Amelia asked whether Annie would look after her new gaming devices. Annie immediately agreed, knowing that Amelia did not have a lot of money and could not afford such devices easily. She wondered how Amelia got it in the first place but did not dwell on it.
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Annie took very good care of the equipment. However, one night when she went to briefly visit her neighbours, she ended up consuming large quantities of alcohol and could no longer make her way home. She had left the lights in her lounge on, although this was not visible from the road. Whilst she had locked all her doors and windows, she did not turn on her burglar alarm.
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While she was away, her house was robbed and the GB6 and TV were taken. When she returned, she immediately called the Police, who investigated and caught the thief. The GB6 was recovered in full working order, except for a name written in permanent marker on the exterior of the device and that it was covered in stickers. The TV, however, was no longer in working order, having been water damaged in transit by the thieves.
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Frank was furious. The TV was returned broken and the GB6 had diminished in value, but further his heart was broken and he had lost all trust in Amelia.
Advise him on any claims he might have against Annie and Amelia.
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